Category Archives: Cuban Law Association

Emigration / Cuban Law Association, Noel Rodriguez Ávila

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Lic. Noel Rodríguez Ávila

From an economic point of view Cubans have come to feel that they lack a future, it has been more than five decades and they have seen no fruits of their labors, which don’t even meet their basic needs of housing, food, clothing and a job with a decent wage.

The loss of motivation to study careers requiring a technical or university education comes from there being no economic advantage, nor even jobs to fill with these qualifications. The insecurity makes people look to the future and old age with fear.

There is no hope of prosperity. Every discourse has a political focus, with regards to the economy they only talk about working and being productive, about control and demands, not of new factories or investments or more employees. They talk about a primitive agriculture, subsistence level. An educated people can’t accept these miserable proposals.

Religious freedom is tolerated, but the system doesn’t like it. There is a lack of freedom of expression.

Cuban people are taught to watch each other, there’s a paranoia about being heard and being informed on to the authorities.

The State’s organizational structure is designed to convince us that all is well, or to understand what is wrong by looking for external causes, or in lower level management and not at the strategy of the higher ups who re never wrong. This limits the possibility of changes, all this is integrated into every Cuban citizen leading to a frustrated frustrated, hopeless personality, faking it, with no exit, looking abroad for an option, a hope.

The aspiration of every professional is to go on an international mission to earn a little money, have a house, buy a car, and have some comforts; when they can’t achieve it they want to leave even more to get away from their family, their country.

Emigration to the United States has also been an option, although risky, sad and cruel, when people use any kind of floating artifact to get to that country, to embrace a hope for prosperity and to help their family who with anguished hope said the magic words, “arrive safely” and then, gratefully, receive remittances that alleviate their economic stress.

In any event, the solution for Cubans is not outside, but within.

5 June 2013


Thoughts About the Agricultural Problem in Cuba / Dayana Cruz Vega, Cuban Law Association

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Lic. Dayana Cruz Vega

Agricultural Problem: These have been two very controversial words down the years, they refer to the unequal distribution of land between the rural population, also the combination of socioeconomic and political conditions, relations and contradictions which characterise the structure and working of the agricultural sector. This problem has been a persistent presence in Cuban political legal thinking even though it was one of the first labour directives after the triumph of the revolution.

The Agriculture Reform Laws acquired a constitutional status which they maintained up until the 1976 Constitution took effect.

On the subject of agriculture there exist bodies of law such as Resolution 288/90 which establishes the regulations for the functioning of the register of land tenure, Law number 36 relating to farming co-operatives, repealed by Law 95/2002, among others which have seen the light of day in recent years, like Decree Law 259 which guarantees the awarding of the right to enjoy land for the purpose of production and number 300 which modifies the extension of lands which the previous one permitted to be handed over.

But in spite of all of this pointing in the direction of the improvement of the living and working conditions of the farming sector, and the increased productivity of the land as the only way to replace imports, they haven’t met their objective.

In this regard it is necessary to stress that the scattered legislation, the legal ignorance of the peasants in relation to their rights and the process of accounting in the various sectors and co-operatives have had their influence of production and productivity, in spite of there being sufficient projects put in place for this function; and, just as important as the above-mentioned, are the occurrence of instances of violation of the generally accepted Principles of Accounting, breach of the System of Internal Control, all of which have encouraged the commission of economic crimes with increasing frequency.

All of this brings us to the point at which we can conclude that the land problem is in need of objective solutions which have the necessary legal backing to turn agriculture into our principal source of income, and not what has in fact happened which is to be converted into an unproductive sector incapable of satisfying our immediate nutritional and economic needs.

Translated by GH

22 May 2013


Justice Without Delay: A Human Right / Cuban Law Association, Julio Alfredo Ferrer Tamayo

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Instruction No. 193 of 8 July 2007, of the Government Council of the People´s Supreme Court, affirms in the first that INASMUCH AS: The administration of justice in our country has as a priority the adequate speed in the processing of judicial proceedings in general and in virtue of that there having been adopted various means to expedite the processing of penal proceedings and especially matters concerning the accused who are in temporary custody…

Judicial practice reveals something entirely different, since that adequate speed in the processing of judicial proceedings of the accused who are in temporary custody is uncertain, which can be verified simply by having in view the statistical data managed within the framework of meetings of conciliation or coordination, for the analysis of the issue, meetings held between the Courts, the Prosecutor’s Office and the Headquarters of the Ministry of the Interior, responsible entities or their representatives, mandated by the aforementioned Instruction 193, for the evaluating and specifying of the criminal situation with defendants who are in custody, which report on pending legal procedures, paying particular attention to the reasons that negatively affect cases of detentions longer than 90 days. Continue reading →


Indoctrinate or Instruct? / Cuban Law Association, Noel Rodríguez Ávila

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From paraclito.net

From paraclito.net

Lic. Noel Rodríguez Ávila

Now they aren’t applying themselves to instruct, only to indoctrinate. Education is entirely the responsibility of the family, as the fundamental cell of society.

José Martí stated that “education is depositing in the child all of humanity’s culture, to put him in tune with his times, and, in return, he contributes to the education of other people.

Our educational system has deteriorated badly, both from the point of view of the teacher and of the student, as a result of trying out different methods and styles in order to perfect it

An example of this is the compressed courses for “emergent teachers”*; of which there are an increasing number because of the scarcity of teachers and professors in primary and secondary education, largely because of the some of them retiring and others emigrating, which is happening due to educational disengagement, with people moving to other sectors of the economy looking for better pay.

It has been a policy mistake to try to instruct and educate kids and young people using methods which minimise the role of the teacher or professor, such as using television and video classes, reducing the level of review; in the end insisting that everyone has to pass their grade, no matter what their level of intelligence, so that “regular” has to become “good,” and good or very good has to become “excellent.”

If we sow poor seed we cannot expect good fruit.

*Translator’s note: The “Emergent Teachers” program took high school age students and fast tracks them to a teaching career. After poor results, including the death of at least one student at the hand of an “emergent teacher,” the program was scaled back.

Translated by GH
2 May 2013


Analysing What’s Happened / Cuban Law Association, Wilfredo Vallín Almeida

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By Wilfredo Vallín Almeida

It’s good news. People like Yoani Sánchez, Eliecer Ávila and Berta Soler find themselves abroad enjoying a right which was denied for fifty years

In the Asociación Jurídica Cubana (Cuban Law Association) we are always happy to receive everything which implies more liberty for the Cuban people, without closing our eyes to the problems which continue to be presented by government decisions, especially when there continue to be unclear or arbitrary legal positions.

Let me explain

In the year 2003, 75 people were accused of crimes against the Cuban state. Tried immediately, they were condemned to different and severe prison sentences. During the following seven years they were all freed.

In relation to that something is happening which I would like to share with our readers, but which will require more than one post, and because of that, in this one I want to set out essential introductory elements to help with this analysis

For someone in jail, who hasn’t completed their sentence, there are two ways of waiving the remaining term and going free. They are:

A reprieve

An amnesty

In the case of a reprieve, they extinguish the criminal responsibility and it is construed as pardoning the penalty which was applied to the person. If it is a complete reprieve, they extinguish the prisoner’s entire sentence. If it is a parcial reprieve, part of the prisoner’s penalty disappears or they change it for more minor sanctions.

A reprieve applies to one individual person. In order for it to have effect, it is necessary to have an administrative act and a firm sentence and you don’t necessarily have to extinguish the preceding penalties of the individual in question. Normally the possibility of a reprieve (also known as “The Law of Pardon”) rests in the hands of important representatives of the State.

As far as an amnesty is concerned, it doesn’t refer to the penalty, but to the offence itself. It relates to all those who have committed it, not to particular individuals, it extinguishes total criminal responsibility and eliminates the preceding penalties in removing the criminal status.

In he case of an amnesty, it is necessary to pass a law in order to arrange it, and it extinguishes the antecedent penalties of the individuals involved given that it covers all who committed the crime and not particular individuals.

The amnesty is used above all for political offences and not normal crimes.

With these elements, we are ready for an analysis of what has happened.

Translated by GH

24 April 2013


Particularity of Human Rights / Cuban Law Association, Argelio M. Guerra

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Society – International – Rights – Justice. ORDER Disorder

Lic. Argelio M. Guerra

The fight for freedom has been, to a large extent, the fight to restrain the power of the State, mainly through the creation of recognized spaces of individual freedom. The idea that certain rights derive from the very nature of man was developed by different positions on natural law, both was based on the idea that such rights were granted to man by God, as well as having developed starting from concepts of human nature itself.

Several expressions were used interchangeably to refer to what are commonly designated as human rights: fundamental human rights, rights, freedoms, individual rights, etc. The recognition and legal protection of such rights is intended to offer a necessary path by which human development should be treated at all levels.

These rights have a set of characteristics that distinguish them, namely:

- Inborn or Inherent: All human beings are born with rights, so that the state can not grant them, and one must recognize and protect themas a norm.

- Needed: Being derived from human nature itself, they should be considered necessary, so the distinction is imposed by the legal system.

- Inalienable: Belonging to humans by their very nature they can not be divided, transferred, alienated or waived.

- Imprescriptible: They cannot be extinguished or lose value, either because the person does not exercise them voluntarily or is prevented from doing so.

- Enforceable erga omnes: They can be enforced against any person, whether natural or juridical.

- Indivisible and Interdependent: There cannot be a hierarchy with one right above another, but as an entire set they should bein full effect and achievable.

- Universal: They must apply to all people, regardless of race, skin color, national origin, sex, religion, social status, domicile, residence, etc.

20 April 2013


From the Wolf, a Hair* / Cuban Law Association, Wilfredo Vallin Almeida

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Photo: Marcelo López Bañobre

By Wilfredo Vallín Almeida

Like many compatriots, I sat down to watch the appearance of General of the Army Raul Castro during his recent speech before the National Assembly of People’s Power.

I talked with other lawyers about his words before that forum and, unsurprisingly, some were interested in certain aspects of his speech, while others fixed on different details.

Personally, he caught my attention when he said:

“We have to have the Party Congress set the course to update the Cuban economic model and to achieve a sustainable and prosperous socialist society, a less egalitarian but more just society .  . .”

It’s with regards to …”a less egalitarian but more just society”… that I want to reflect about. Continue reading →


About Leaders and Responsibilities / Cuban Law Association, Lic. Rodrigo Chavez

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Lic. Rodrigo Chávez

In the newspaper Granma, an article published with the title “About leaders and responsibilities”, by Félix López, makes it clear that a well-known old Cuban proverb “the rope breaks at the weakest point” would be ideal for this article.

How many of us who have always been subordinates have carried the blame for something which we had nothing to do with? And I say subordinate because whenever we have a superior, we are inevitably subordinate.

Say to yourself crime, contravention or indiscipline, they categorise and describe actions in this way because they are gathered up in legal regulations, but what’s for sure is that as a general rule, when regulations go unobserved, and are breached, usually the weight of the law falls on or breaks the weakest point: the “subordinate”.

Is it the workers who designate or choose their bosses? That’s as untrue as the belief that in the Management Board of any Employment Centre, the chief feels he is subject to the same conditions as his employees. Going to any Management Council is like being in the presence of a contract of adhesion “take it or leave it” – and to tell you the truth, we can understand even better than the people who work there that the chief has his entourage, incapable of or prevented from disagreeing with the decision of the supremo, except in rare circumstances, which are always viewed with disapproval and in terms of whingeing, trouble-making or out to make problems.

What can you say when a chief takes disciplinary measures against a subordinate and the latter complains to the Employment Law Authority (OJLB)? It would be a bit awkward if the worker were to leave victorious after the confrontation, because both he and the OJLB are employees and who would think of going against the wishes of the chief they will ask  themselves. “Who will guarantee my employment if we let the worker win?” Because although the regulations say that the Authority has to comply with the law when carrying out its functions, when the function of delivering justice gets to the decision, will they continue being employed?

When you get to a work location trying to work and experiencing difficulties, you will find out who is the Chief, Manager, Director, Administator… perhaps you will be lucky enough to see him and hear him from a distance at a meeting, but you also learn that this individual has been shifted out … how is this person supposed to know about the activities he has been asked to run? How are things going to operate? There are lots of unanswered questions, and anybody who is able to answer them does not do so.

Translated by GH

23 March 2013


Metamorphosis / Osvaldo Rodriguez Diaz

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2_osvaldoBy Osvaldo Rodríguez Díaz

Of how a common citizen is transformed into common criminal in minutes.

On the morning of October 23, 2012, William Estevez Acosta, 51-years-old, married and with no criminal record or police, was summoned to the Criminal Cotorro Municipal Court for a hearing in which he would be declared insolvent and, immediately afterwards, he would be tried for the offense of Breach of the Obligations arising from the violations; that is, not paying a fine for lack of money. Continue reading →


True or False? / Jorge Hojas Punales

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OLYMPUS DIGITAL CAMERAJorge Hojas Puñales

In Cuba there are company directors but no CEOs as such. A CEO is always ready to listen to (and not just hear) his legal advisor as well as his financial advisor. They are considered both the left and right arms of the entrepreneur.

I am also of the opinion that in our country there really is no such thing as what might be called institutionality (as one might hope for in a state with the rule of law). If everyone does whatever he thinks best or what he feels like doing, what would our Apostle* say in the face of such irresponsibility, such disrespect, such indolence and complacency? Call it what you will, all this has a common denominator – contempt and disobedience.

The bureaucracy, far from being eradicated, it setting down roots like the marabou weed. In the same way that globalization is the playing field of capitalism, kicking things back and forth is what we do in socialism. Continue reading →


Tabula Rasa / Wilfredo Vallin Almeida

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6-vallin_21 Wilfredo Vallín Almeida

On the 160th anniversary of the birth of José Martí, it occurs to me to say something about two of his writings. The first, extremely well-known: the letter that the Apostle* wrote to his friend Manuel Mercado hours before his death in Dos Rios.

In this letter cataloged by some as his political testament, the Maestro* says:

I lived in the monster and I know its entrails and my sling is that of David.

 This phrase has been repeated countless times by all media in Cuba since 1959, in schools and colleges and has been part of countless political texts. Continue reading →


A Kafkaesque Tale / Esperanza Rodriguez Bernal #Cuba

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21-kafkiano

espeby Esperanza Rodríguez Bernal, Attorney at Law

Many people come to see us about the fines imposed on them by the Port Captain.

The great majority of them have been notified after more than two months have passed from the time they committed the act, making the judicial process ineffective by not fulfilling the established formalities, in this case, the term for the application of the law. Continue reading →